Dr. Johnson

The appellants appealed the dismissal of their medical malpractice action arising from the death of the patient due to a pulmonary embolism following arthroscopic knee surgery.

The appellants argued the respondent orthopaedic surgeon was negligent in failing to warn the patient about the symptoms of a pulmonary embolism upon discharge.

The trial judge found the respondent met the standard of care, as the patient was not at a heightened risk of a pulmonary embolism at the time of discharge.

The Court of Appeal (majority) dismissed the appeal, finding no palpable and overriding error in the trial judge's assessment of the evidence and application of the standard of care.

The appellant pleaded guilty to carrying a weapon, unlawful confinement, and assault against his former girlfriend.

He was sentenced to nine months' imprisonment and two years' probation.

He appealed the sentence, arguing he should have been permitted to serve it in the community.

The Court of Appeal found that while the sentencing judge erred in assigning sole responsibility for delay to the appellant and in treating his initial minimization of the offence as an aggravating factor, the refusal of a conditional sentence was ultimately correct given the planned nature of the offence, the use of a weapon, and the significant psychological harm to the victim.

The appeal was dismissed.

The appellant appealed a disposition of the Ontario Review Board.

The Board had issued a split decision regarding the appellant's security level and privileges.

The Court of Appeal found that while the case was complex and there was some ambiguity in the evidence, the majority's reasons were not unreasonable.

The appeal was dismissed, with the Court noting that a fresh review hearing was scheduled shortly where the appellant's needs and progress could be reassessed.